Rita Devi vs The State Of Bihar
2021 Latest Caselaw 439 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No. 28139 of 2020
 Arising Out of PS Case No.-104 Year-2020 Thana- SASARAM MUFFSIL District- Rohtas
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Rita Devi, aged about 40 years (Female), Wife of Upendra Singh, Resident of Village-Began, P.S.-Akorhigola, District-Rohtas, Sasaram.

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar, Advocate For the State : Mr. Anand Mohan Prasad Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 28-01-2021

The matter has been heard via video conferencing.

2. Heard Mr. Sanjay Kumar, learned counsel for the

petitioner and Mr. Anand Mohan Prasad Mehta, learned

Additional Public Prosecutor (hereinafter referred to as the 'APP')

for the State.

3. The petitioner apprehends arrest in connection with

Sasaram (M) PS Case No. 104 of 2020 dated 09.04.2020,

instituted under Sections 379/411 of the Indian Penal Code.

4. The allegation against the petitioner is that she was

the owner of the tractor from which sand was seized which was

presumed to be stolen after the driver had fled away.

Patna High Court CR. MISC. No.28139 of 2020 dt.28-01-2021

5. Learned counsel for the petitioner submitted that she

is only the owner and was not driving the tractor and further, she

has papers of valid purchase of the sand and nothing illegal was

on the tractor. It was further submitted that the petitioner has no

criminal antecedent.

6. Learned APP submitted that the sand was stolen

which is an offence and the petitioner being the owner of the

tractor, cannot plead innocence, as she is a lady.

7. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, in the

event of arrest or surrender before the Court below within six

weeks from today, the petitioner be released on bail upon

furnishing bail bonds of Rs. 25,000/- (twenty five thousand) with

two sureties of the like amount each to the satisfaction of the

learned Chief Judicial Magistrate, Rohtas at Sasaram in Sasaram

(M) PS Case No. 104 of 2020, subject to the conditions laid down

in Section 438(2) of the Code of Criminal Procedure, 1973.

Further, (i) that one of the bailors shall be a close relative of the

petitioner, (ii) that the petitioner and the bailors shall execute bond

with regard to good behaviour of the petitioner, and (iii) that the

petitioner shall also give an undertaking to the Court that she shall

not indulge in any illegal/criminal activity, act in violation of any Patna High Court CR. MISC. No.28139 of 2020 dt.28-01-2021

law/statutory provisions, tamper with the evidence or influence

the witnesses. Any violation of the terms and conditions of the

bonds or the undertaking shall lead to cancellation of her bail

bonds. The petitioner shall cooperate in the case and be present

before the Court on each and every date. Failure to cooperate or

being absent on two consecutive dates, without sufficient cause,

shall also lead to cancellation of her bail bonds.

8. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T